GRANTED IN PART: May 6, 2015
CBCA 2133
VETERAN CONSTRUCTION ONE,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Laurence Schor and Dennis C. Ehlers of Asmar, Schor & McKenna, PLLC,
Washington, DC, counsel for Appellant.
The case caption as the decision prints it. Every word is kept; the rule the Board draws around it is not text, so it is not repeated here.
Joylyn Winter and Benjamin M. Diliberto, Office of General Counsel, Department of Veterans Affairs, Washington, DC, counsel for Respondent.
Before Board Judges DRUMMOND, WALTERS, and ZISCHKAU.
ZISCHKAU, Board Judge.
On May 4, 2015, the parties submitted a joint stipulation for judgment on stipulated settlement, which provided that the parties had entered into a stipulation of settlement agreement under which the claims and disputes of the captioned appeal have all been resolved. In settlement, the Government agrees to pay appellant $5,972,000, such amount to be inclusive of interest, with each party responsible for its own costs, attorney fees, and expenses incurred in this litigation. The respondent will not be liable for interest under the Contract Disputes Act (CDA), 41 U.S.C. §§ 7101-7109 (2012), on the agreed-upon settlement amount. The parties ask that the Board enter judgment for $5,972,000 with payment to be made through the permanent indefinite judgement fund. The joint stipulation of the parties provides that neither party will seek reconsideration of, or relief from the Board’s decision, and neither party will appeal the Board’s decision.
Decision
The Board GRANTS IN PART the appeal. In accordance with the parties’ stipulation of settlement agreement, the Board awards appellant $5,972,000 to fully settle all claims and disputes under the subject appeal. Payment is to be made from the permanent indefinite judgment fund, 31 U.S.C. § 1304.
_______________________________
JONATHAN D. ZISCHKAU
Board Judge
We concur:
JEROME M. DRUMMOND
Board Judge
RICHARD C. WALTERS
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Veteran Construction One, CBCA 2133. Nothing is summarized or reworded, and the sections run in the order the Board wrote them. What the page shows and the text does not repeat is the pagination furniture: the page numbers and the rules the Board draws around its caption and under its signatures. The signatures are set back into the columns the Board prints them in, each judge under the name he or she signed, and the typed copy of that name the page carries beneath each signature is not repeated.